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Unauthorized Access in Cybercrime Law
Interpretation of the Computer Fraud and Abuse Act (CFAA), and similar laws, is often up for debate due to ambiguous terminology, such as “unauthorized access.” This issue has come up in several recent cases. Read the article, “The Arrest of a Florida Data Scientist Demonstrates a Weird Hole in Cybercrime LawLinks to an external site..”
Briefly describe the case, including how the Florida Computer Crime Law and CFAA, are central to it.
Discuss your perspective on whether the type of access Jones performed should make her guilty of unauthorized access and justify your opinion pointing to relevant components of the laws. You can also leverage the other cases presented (Briggs and Rodriguez) on both sides of this debate.
Research and present one other case of unauthorized access that presents a conundrum for current computer security laws and discuss your opinion on the case.
After reading a few of your classmate’s postings, reply to those from which you learned something new or to which you have something constructive to add. For example:
Discuss what you learned.
Ask probing questions or seek clarification.
Explain why you agree or disagree with your classmate’s main points, assertions, assumptions, or conclusions.
Suggest research strategies or specific resources on the topic.
Be sure to respond to at least one of your classmates’ postings. Join the discussion early and post often.
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Unauthorized Access in Cybercrime Law
Description of the Rebekah Jones Case
In 2021, Rebekah Jones, a former Florida Department of Health data scientist, was arrested and charged under the Florida Computer Crime Law for allegedly accessing a state emergency-alert system (ReadyOp) without authorization after her termination in May 2020. The case, detailed in “The Arrest of a Florida Data Scientist Demonstrates a Weird Hole in Cybercrime Law,” centers on Jones’ use of shared credentials for the StateESF8.Planning group to send a message on November 10, 2020, urging employees to “speak up before another 17,000 people are dead” regarding COVID-19 data (Slate, 2021). The Florida Computer Crime Law, modeled on the federal Computer Fraud and Abuse Act (CFAA), defines illegal access as “unauthorized access” to a computer system, but ambiguity in what constitutes “authorization” is central to the case. The state argued that Jones’ access was unauthorized post-termination, despite unchanged shared credentials, traced to her IP address via Comcast. The case highlights a legal gray area: whether using previously granted credentials after employment ends constitutes hacking, exposing weaknesses in both laws’ vague terminology (Slate, 2021).
Perspective on Jones’ Guilt and Legal Analysis
I believe Jones should not be guilty of unauthorized access under the Florida Computer Crime Law or CFAA, as her actions do not align with a reasonable interpretation of “hacking” or intentional circumvention of security measures. The Florida Computer Crime Law (Chapter 815, Florida Statutes) prohibits “knowingly accessing a computer, computer system, or computer network without…